Supreme Court judge Justice BV Nagarathna on Saturday expressed concern over certain lawyers spreading a sense of dread, particularly on matrimonial cases, under the guise of disseminating legal literacy on social media.
Speaking at the 11th Convocation of the National Law University (NLU), Delhi, the Supreme Court judge said that in recent years, under the guise of disseminating legal literacy, a disheartening practice has been adopted by some lawyers on social media to solicit clients by invoking a sense of dread, especially in matrimonial matters.
Such kind of marketing or the so-called saving tactics scuttled the legal process, said Justice Nagarathna, adding that as constructive citizens, the lawyers must ensure that their advice to clients was not laced with a side step of law, but must balance between their duty to the client and to the court, said Justice Nagarathna.
She advised young advocates to avoid frivolous litigation and not let themselves be used by busybodies to harass litigants or the State.
Justice Nagarathna urged lawyers to be responsible while advising clients and ensure that there was a balance between the duty towards the client and duty to the court.
She told the law graduates that they had the responsibility to not misuse forums by frivolous petitions or lengthy submissions.
She observed that advocates must never allow themselves be used as masks for a busy body merely to harass litigants or the State or deliberately approach wrong forums or protract litigation.
Addressing the recent graduates, Justice Nagarathna said that members of the bar, due to their ethical, intellectual and practical education, coupled with understanding of legal apparatus and Indian society, were more suited to become constructive citizens.
Impressing upon them to conduct themselves with a degree of responsibility, Justice Nagarathna said a case file was not a mere chronology or index of events, but it spoke of human struggles and sufferings at all stages of life.
The legal practice existed in shades of grey that obligates the lawyers to choose the right path, she added.
She impressed upon them to show that their pragmatic actions as lawyers were principled, limited by legality and emboldened by morality and that their contributions to the society must go beyond legal practice.
Noting that the Constitution was neither the product nor the exclusive domain of Lutyens’ Delhi, Justice Nagarathna said it bred in an unheard perspective on every crossroad of this country.
The Supreme Court judge said as a guardian of the rule of law, a lawyer treaded on a desired path, which was eloquently spelt out in the preamble of the Indian Constitution.
She further told the young graduates that their client in law practice would always put their trust in most challenging times and they must honour it by competent representation.
She said it was unfortunate that today, young members of the legal profession representing the indigent were viewed as less successful.
Undeterred of these perceptions, the young law graduates must resolve to ensure for the indigent, the most competent representation possible. They must also not view free legal aid as advice to poor without quality.
She said this generation was sitting at the intersection of traditional legal practice and legal transformation.
In an increasingly polarised world, lawyers had the opportunity to bridge divide and foster understanding. They must adopt a problem solving approach, she added.